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Kosmik Hukum
Published by Universitas Muhammadiyah Purwokerto
ISSN : 14119781     EISSN : 26559242     DOI : 10.30595/jkh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Kosmik Hukum adalah jurnal peer reviewed dan Open-Acces yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Purwokerto. Kosmik Hukum mengundang para peneliti, dosen, dan praktisi di seluruh dunia untuk bertukar dan memajukan keilmuan di bidang hukum yang meliputi berbagai aspek hukum seperti Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Acara, Hukum Bisnis, dan sebagainya. Dokumen yang dikirim harus dalam format Ms. Word dan ditulis sesuai dengan panduan penulisan. Kosmik Hukum terbit dua kali dalam setahun pada bulan Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 295 Documents
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Legal Challenges and Policy Solutions in the Development of Village-Owned Enterprises Moh Taufik; Bha'iq Roza Rakhmatullah
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.17412

Abstract

Regulation of Tegal Regency No. 2/2018 on Village-Owned Enterprises serves as a regional policy aimed at optimizing village resource potential. This regulation is expected to provide a solution for village development, particularly in Tegal Regency, which possesses significant untapped potential. However, the development of Village-Owned Enterprises often faces challenges due to a lack of stakeholder involvement in policy implementation. Proper execution of this regulation could yield substantial benefits for the community, villages, and the region as a whole. This study employs a normative juridical approach to examine legal issues and policies related to Village-Owned Enterprises. The research aims to analyze the implementation of Tegal Regency Regulation No. 2/2018 and identify solutions to the challenges encountered in its application. Utilizing qualitative data analysis with a descriptive normative juridical method, this study explores the role of various stakeholders in policy implementation. The local government collaborates with the private sector, particularly entrepreneurs, to provide input and motivation for Village-Owned Enterprise development. The findings of this research highlight the importance of evaluating and refining regional policies to enhance their effectiveness. Future studies are encouraged to assess and improve the implementation of Village-Owned Enterprise policies in Tegal Regency, ensuring their optimal contribution to economic development at the community, village, and regional levels.
Issues and Solutions of Legal Protection for Marine Mammals in Indonesia Leli Anggita; Adrian Nugraha
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.21215

Abstract

The government has tried to protect marine mammals through Marine Protected Areas (MPA) contained in laws and regulations. However, the lack of conservation areas specifically designed for marine mammals and several counterproductive laws have created problems in efforts to protect marine mammals. This research was carried out using normative legal research methods through literature studies that examined mainly secondary data. Several issues related to the extinction of marine mammals arise due to the lack of protected areas specifically designed for marine mammals, overlapping management institutions, and centralization of power, which makes efforts to manage marine areas complex and challenging to recognize the existence of indigenous peoples. The government can implement several solutions related to this problem, including expanding the conservation areas specifically designed for marine mammals, clarifying and synchronizing any regulations governing institutional authority, and recognizing the existence of indigenous peoples and their traditions.
Protection of Persons with Disabilities in Armed Conflict in Gaza through the Application of the Distinction Principle Jelita Septiani Aprisal; Agustinus Supriyanto; Samar T.M. Alhaj
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.22614

Abstract

Protection for people with disabilities during armed conflict in Gaza must prioritize the application of the Distinction Principle in international humanitarian law. The Distinction Principle ensures that military attacks are directed only at legitimate military targets, not at civilians, including those with disabilities. Therefore, it is crucial to examine how protection for people with disabilities in Gaza with the application of this principle can be enhanced, and discuss the prospects of regulations governing this issue in the future. The research method employed is normative legal research, utilizing both statutory approach related to the issue and conceptual approach focusing on the Distinction Principle. People with disabilities in Gaza face significant challenges in accessing healthcare, evacuation, and humanitarian aid. Consistent and stringent implementation of the Distinction Principle is essential to ensure their protection from the adverse effects of war. Concrete steps such as improving military training, monitoring violations, and enforcing these principles are necessary to strengthen their protection. Overall, protection for people with disabilities in Gaza is a global humanitarian responsibility that requires collective commitment to ensure compliance with international law and improve the living conditions of people with disabilities amidst armed conflict. 
Legal Pluralism and Inheritance Rights: Resolving Conflicts Between Local Customs and National Law in Indonesia Hilman Syahrial Haq
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.23727

Abstract

This study describes efforts to resolve the conflicts of local and national law on the customary inheritance practice of the Sasak community. This research was conducted in several areas on the island of Lombok, namely Sade Hamlet, Teruwai Village, Penujak Village, and Bayan Village by using data collection methods in the form of library studies, interviews, and observations to then be analyzed qualitatively through a case approach, legislation, and history. The result obtained that the local law conflict and the national law in the practice of the Sasak community customary inheritence motivated by the difference woman's position in the strata customary inheritence based on the jurisprudence remains the supreme court number 179K/SIP/1974 and number 1589K/SIP/1974 with the concept of Sasak community inheritance which has patrillineal characteristic. Permanent jurisprudence requires that the daughter and son of an heir are jointly entitled to the inheritance in the sense that the son's share is the same as the daughter's, while the traditional inheritance of the Sasak community places sons as heirs to their parents' throne (anaq prangge) so that property in the form of houses, gardens, rice fields and livestock will be passed down to the sons, while the daughters only receive property stored in the house, such as jewelry and beads as provisions for her marriage life. This reality might be caused some latent and manifest conflict which can be ended in the court. Therefore, a continuous dialogue is needed by reviving the community mediation such as krame dese or bale sangkep as a means of finding an ideal final format which is acceptable to all parties so that legal convergence occurs between the two legal systems in the traditional inheritance practices of the Sasak community.
The Relevance of Restorative Justice in Reducing Overcapacity in Correctional Institutions for Male and Female Prisoners Kurnia Dewi Anggraeny; Petrus Kanasius Kristiaga
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.23779

Abstract

Correctional institutions in Indonesia are facing severe overcrowding, with the number of inmates far exceeding facility capacities. This issue is alarming as it leads to numerous negative consequences, including poor living conditions and difficulties in rehabilitation. One possible solution is adopting a restorative justice approach, which shifts the focus of the criminal justice system from punitive measures to reconciliation and rehabilitation, ensuring justice for both victims and offenders rather than relying solely on imprisonment. This study examines the factors contributing to overcapacity in Class IIB Sleman Penitentiary and Class IIB Wonosari Penitentiary while also assessing the relevance of restorative justice in addressing this issue. Using an empirical normative methodology with a sociological juridical approach, the research incorporates statutory and structural analyses to understand the root causes of overcapacity. The findings reveal several key factors behind the overcrowding problem, including the large jurisdiction and high population of Sleman, rising crime rates, the absence of detention centers in Sleman and Wonosari, high recidivism rates, the exclusion of certain offences from restorative justice eligibility, transfers of inmates from other correctional units, and inmates choosing to serve prison sentences instead of paying fines. Restorative justice is highly relevant in addressing this issue as it provides an effective alternative to imprisonment. By focusing on conflict resolution, offender rehabilitation, and victim involvement, restorative justice aligns with the evolving priorities of Indonesia’s legal system. Implementing this approach more effectively could significantly reduce overcrowding in correctional facilities while simultaneously ensuring justice for victims, offenders, and society as a whole.
Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury Achmad Zuhdi; Serhii Ablamskyi; Arya Anggara
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24476

Abstract

This study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to granting legal standing to individual applicants. Historically, individual citizens have held the right to challenge laws they believe infringe on their constitutional rights. However, recent rulings show a shift where the Court restricts legal standing, allowing only political parties to challenge the Presidential Threshold Law. This restriction is based on two main reasons: changes in the electoral system, which now directly involves political parties, and the notion that voters’ increased knowledge diminishes the need for individual challenges. The study aims to critically assess whether these reasons hold sufficient weight to limit individual participation. Through a normative legal approach utilizing case and statutory analysis, findings reveal that limiting individual participation undermines democratic legitimacy, as the cited reasons lack substantive grounds to justify the restriction on individual legal standing in the constitutional review process.
Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Briggs Samuel Mawunyo Nutakor; Mac Thi Hoai Thuong
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24489

Abstract

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.
Mitigation Effort for Sustainable Mangrove Management Towards a Low Emission Indonesia: Study at Arboretum Mangrove Kolak Sekancil Elly Kristiani Purwendah; Ikama Dewi Setia Triana; Elisabeth Pudyastiwi; Oti Kusumaningsih; Daniel Joko Wahyono
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24595

Abstract

Krida Wana Lestari Farmer Group supports the Indonesian government's policy to reduce carbon emissions as a community obligation to participate in managing the environment, as the purpose of the ratification of the Paris Agreement ( Law Number 16 of 2016 on the Ratification of Paris Agreement to the United Nations Framework Convention on Climate Change). The farmer group successfully built an edu-tourism area, the Segara Anakan Lagoon Conservation Mangrove Arboretum (Kolak Sekancil). This farmer group cultivates and utilizes mangrove products for life and has succeeded in increasing mangrove density in the Cilacap Sea Village Area with an area of approximately 6,2126.28 Ha. Mangrove farming by farming communities is a form of community participation regulated in Article 65 Paragraph (4) Law Number 32 of 2009 on Environmental Protection and Management The legal institution of this community is formally supported by the village government with Village Regulation No. 7 of 2022 concerning Mangrove Ecosystem Management in the Segara Anakan Region of Cilacap.
Moral Sensitivity of Indonesian Migrant Workers in Malaysia Ratna Kartika Wati; Zuraini Jamil Osman
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.24744

Abstract

As neighbouring countries, Indonesia and Malaysia continue to compete in the economic field, competing to become developed countries. The number of Indonesian citizens who become Indonesian Migrant Workers as domestic assistants in Malaysia, gives a negative stigma to the image of the Indonesian State. This research is a descriptive qualitative research using an interactive analysis model. The conclusion that can be drawn in this study is that, Indonesian Migrant Workers have moral sensitivity formed from several dimensions, namely: moral awareness (awareness of his position, as an Indonesian migrant worker who adheres to the principles of justice, mutual cooperation, responsibility and respect for others), moral decisions (migrant workers always try to commit and keep promises or be trusted by employers / leaders and be respectful and loyal to new colleagues and families in Malaysia), Moral Intention (Indonesian migrant workers try to show their integrity and try to pursue their excellence), moral action (Indonesian migrant workers try to maintain honest behaviour and the good name of individuals and the country of Indonesia. Meanwhile, the main factors affecting the sensitivity of Indonesian migrant workers in Malaysia are that many Indonesian migrant workers are not old enough, Indonesian migrant workers have incomplete population administration, there are illiterate Indonesian migrant workers, Indonesian migrant workers have a history of illness and Indonesian migrant workers are pregnant. In addition, another factor that is thought to affect the moral sensitivity of Indonesian migrant workers in Malaysia is the cost of becoming a migrant worker which is quite expensive, thus encouraging migrant workers to take shortcuts by becoming illegal migrant workers.
Climate Justice: Challenges and Future Strategies for Courts on Climate Change in Indonesia Nikmah Fitriah; Indriati Amarini
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24776

Abstract

Climate change has become a global phenomenon characterized by an increase in the earth's average temperature, which is largely caused by human activities. The use of Litigation to resolve climate change issues has more than doubled since 2017 and is still growing. This research aims to explore the challenges and strategies in mainstreaming climate justice in Indonesia through climate change courts. With a doctrinal approach, this research will examine primary legal sources, such as legislation, jurisprudence, and international documents, as well as secondary sources, such as academic literature and organizational reports, to produce evidence-based recommendations for the development of a legal framework for climate justice in Indonesia. The research results show that climate change makes courts an important player in multi-level climate governance, therefore courts must have climate sensitivity and awareness. There is a need for specific material and procedural laws regarding climate and the need to develop the knowledge and skills of judges.

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